Technology
Aug. 25, 2026
AI chatbots are showing up in discovery: Courts can't agree on what to do about it
Early court rulings are divided over whether AI-generated litigation materials are protected by privilege or the work-product doctrine, while judges are increasingly restricting the use of public AI tools in discovery over confidentiality and data privacy concerns.
Courts are just beginning to sort out what happens when artificial intelligence gets pulled into a lawsuit, and the early answers are anything but uniform. Over the past several months, federal and state courts across the country have issued a string of rulings on whether AI-generated content is protected by the work product doctrine, whether AI chat logs fall within the attorney-client privilege, and whether litigants can be barred from feeding case materials into public AI ...
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